RCW 48.46.030
Eligibility requirements for certificate of registration—Application requirements, information—Provider compensation.
Any corporation, cooperative group, partnership, individual, association, or groups of health professionals licensed by the state of Washington, public hospital district, or public institutions of higher education shall be entitled to a certificate of registration from the insurance commissioner as a health maintenance organization if it:
(1) Provides comprehensive health care services to enrolled participants on a group practice per capita prepayment basis or on a prepaid individual practice plan and provides such health services either directly or through arrangements with institutions, entities, and persons which its enrolled population might reasonably require as determined by the health maintenance organization in order to be maintained in good health; and
(2) Is governed by a board elected by enrolled participants, or otherwise provides its enrolled participants with a meaningful role in policy making procedures of such organization, as defined in RCW 48.46.020(18) and 48.46.070; and
(3) Affords enrolled participants with a meaningful appeal procedure aimed at settlement of disputes between such persons and such health maintenance organization, as defined in RCW 48.46.020(17) and 48.46.100; and
(4) Provides enrolled participants, or makes available for inspection at least annually, financial statements pertaining to health maintenance agreements, disclosing income and expenses, assets and liabilities, and the bases for proposed rate adjustments for health maintenance agreements relating to its activity as a health maintenance organization; and
(5) Demonstrates to the satisfaction of the commissioner that its facilities and personnel are reasonably adequate to provide comprehensive health care services to enrolled participants and that it is financially capable of providing such members with, or has made adequate contractual arrangements through insurance or otherwise to provide such members with, such health services; and
(6) Substantially complies with administrative rules and regulations of the commissioner for purposes of this chapter; and
(7) Submits an application for a certificate of registration which shall be verified by an officer or authorized representative of the applicant, being in form as the commissioner prescribes, and setting forth:
(a) A copy of the basic organizational document, if any, of the applicant, such as the articles of incorporation, articles of association, partnership agreement, trust agreement, or other applicable documents, and all amendments thereto;
(b) A copy of the bylaws, rules and regulations, or similar documents, if any, which regulate the conduct of the internal affairs of the applicant, and all amendments thereto;
(c) A list of the names, addresses, members of the board of directors, board of trustees, executive committee, or other governing board or committee and the principal officers, partners, or members;
(d) A full and complete disclosure of any financial interests held by any officer, or director in any provider associated with the applicant or any provider of the applicant;
(e) A description of the health maintenance organization, its facilities and its personnel, and the applicant's most recent financial statement showing such organization's assets, liabilities, income, and other sources of financial support;
(f) A description of the geographic areas and the population groups to be served and the size and composition of the anticipated enrollee population;
(g) A copy of each type of health maintenance agreement to be issued to enrolled participants;
(h) A schedule of all proposed rates of reimbursement to contracting health care facilities or providers, if any, and a schedule of the proposed charges for enrollee coverage for health care services, accompanied by data relevant to the formulation of such schedules;
(i) A description of the proposed method and schedule for soliciting enrollment in the applicant health maintenance organization and the basis of compensation for such solicitation services;
(j) A copy of the solicitation document to be distributed to all prospective enrolled participants in connection with any solicitation;
(k) A financial projection which sets forth the anticipated results during the initial two years of operation of such organization, accompanied by a summary of the assumptions and relevant data upon which the projection is based. The projection should include the projected expenses, enrollment trends, income, enrollee utilization patterns, and sources of working capital;
(l) A detailed description of the procedures and programs to be implemented to assure that the health care services delivered to enrolled participants will be of professional quality;
(m) A detailed description of procedures to be implemented to meet the requirements to protect against insolvency in RCW 48.46.245;
(n) Documentation that the health maintenance organization has an initial net worth of one million dollars and shall thereafter maintain the minimum net worth required under RCW 48.46.235; and
(o) Such other information as the commissioner shall require by rule or regulation which is reasonably necessary to carry out the provisions of this section.
A health maintenance organization shall, unless otherwise provided for in this chapter, file a notice describing any modification of any of the information required by subsection (7) of this section. Such notice shall be filed with the commissioner. With respect to provider compensation; however, such notice shall be filed in compliance with the requirements regarding provider compensation filing in chapter 48.43 RCW.
[ 2013 c 277 § 4; 2012 c 211 § 23; 1990 c 119 § 2; 1985 c 320 § 1; 1983 c 106 § 2; 1975 1st ex.s. c 290 § 4.]
Structure Revised Code of Washington
Chapter 48.46 - Health Maintenance Organizations.
48.46.010 - Legislative declaration—Purpose.
48.46.012 - Filings with secretary of state—Copy for commissioner.
48.46.027 - Registration, required—Issuance of securities—Penalty.
48.46.033 - Unregistered activities—Acts committed in this state—Sanctions.
48.46.045 - Catastrophic health plans permitted.
48.46.062 - Schedule of rates for individual agreements—Loss ratio—Definitions.
48.46.064 - Calculation of premiums—Adjusted community rate—Definitions.
48.46.068 - Requirements for plans offered to small employers—Definitions.
48.46.080 - Annual statement—Filings—Contents—Fee—Penalty for failure to file—Accuracy required.
48.46.090 - Standard of services provided.
48.46.100 - Grievance procedure.
48.46.135 - Fine in addition to or in lieu of suspension, revocation, or refusal.
48.46.170 - Effect of chapter as to other laws—Construction.
48.46.190 - Payroll deductions for capitation payments to health maintenance organizations.
48.46.200 - Rules and regulations.
48.46.210 - Compliance with federal funding requirements—Construction.
48.46.220 - Review of administrative action.
48.46.225 - Financial failure—Supervision of commissioner—Priority of distribution of assets.
48.46.235 - Minimum net worth—Requirement to maintain—Determination of amount.
48.46.237 - Minimum net worth—Domestic or foreign health maintenance organization.
48.46.240 - Funded reserve requirements.
48.46.243 - Contract—Participant liability.
48.46.245 - Plan for handling insolvency—Commissioner's review.
48.46.247 - Insolvency—Commissioner's duties—Participants' options—Allocation of coverage.
48.46.272 - Diabetes coverage—Definitions.
48.46.274 - Prescribed, self-administered anticancer medication.
48.46.275 - Mammograms—Insurance coverage.
48.46.277 - Prostate cancer screening.
48.46.280 - Reconstructive breast surgery.
48.46.285 - Mastectomy, lumpectomy.
48.46.291 - Mental health services—Health plans—Definition—Coverage required, when.
48.46.292 - Mental health treatment—Waiver of preauthorization for persons involuntarily committed.
48.46.300 - Future dividends or refunds, restricted—Issuance or sale of securities regulated.
48.46.310 - Registration not endorsement.
48.46.320 - Dependent children, termination of coverage, conditions.
48.46.325 - Option to cover child under age twenty-six.
48.46.340 - Return of agreement within ten days.
48.46.350 - Chemical dependency treatment.
48.46.355 - "Chemical dependency" defined.
48.46.370 - Coverage not denied for disability.
48.46.380 - Notice of reason for cancellation, denial, or refusal to renew agreement.
48.46.400 - False or misleading advertising prohibited.
48.46.410 - Misrepresentations to induce termination or retention of agreement prohibited.
48.46.420 - Penalty for violations.
48.46.430 - Enforcement authority of commissioner.
48.46.440 - Continuation option to be offered.
48.46.450 - Conversion agreement to be offered—Exceptions, conditions.
48.46.460 - Conversion agreement—Restrictions and requirements—Rules.
48.46.470 - Endorsement of modifications.
48.46.480 - Continuation of coverage of former family members.
48.46.490 - Coverage for adopted children.
48.46.500 - Cancellation of rider.
48.46.520 - Neurodevelopmental therapies—Employer-sponsored group contracts.
48.46.530 - Temporomandibular joint disorders—Insurance coverage.
48.46.540 - Nonresident pharmacies.
48.46.565 - Foot care services.
48.46.570 - Denturist services.
48.46.580 - When injury caused by intoxication or use of narcotics.
48.46.600 - Disclosure of certain material transactions—Report—Information is confidential.
48.46.605 - Material acquisitions or dispositions.
48.46.610 - Asset acquisitions—Asset dispositions.
48.46.615 - Report of a material acquisition or disposition of assets—Information required.
48.46.620 - Material nonrenewals, cancellations, or revisions of ceded reinsurance agreements.
48.46.900 - Liberal construction.
48.46.930 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.